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Petitioner: ALI AHMAD And Another VS Respondent: RAHIM BAKHSH Through Legal Heirs And Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: ALI AHMAD And Another vs RAHIM BAKHSH Through Legal Heirs And Other Case No.: Civil Petition for Leave to Appeal No.795 of 1986 Date of Judgment:1989-06-13 Reported As: 1991 SCMR 1829 Result: Leave refused
Judgment ORDER MUHAMMAD AFZAL ZULLAH, J: --Leave to appeal has been sought; against the dismissal by the High Court, of petitioners application for restoration of an appeal which had earlier been dismissed for non-prosecution. Learned counsel for the petitioners contended that the negligence of the counsel should not have been allowed to operate as punishment to his client; namely the petitioners. The matter is not that simple as assumed by the learned counsel. The reasoning in the impugned judgment in support of the refusal to restore the matter is unexceptionable. However, after hearing the learned counsel on the merits of the appeal in the High Court, which was sought to be restored, we are satisfied that it otherwise merited dismissal. That being so, leave to appeal is refused.